throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
` UBISOFT, INC. AND SQUARE ENIX, INC.,
`Petitioners,
`
`v.
`
`UNILOC USA, INC. AND UNILOC LUXEMBOURG S.A.,
` Patent Owners.
`____________
`
`U.S. Patent No. 6,324,578
`___________
`
`DECLARATION OF SCOTT BENNETT, Ph.D.
`21 July 2017
`
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`

`

`
`
`I.
`
`II.
`
`TABLE OF CONTENTS
`
`Page
`
`INTRODUCTION .......................................................................................... 1
`
`BACKGROUND AND QUALIFICATIONS ................................................ 1
`
`III.
`
`PRELIMINARIES .......................................................................................... 3
`
`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS .......................... 7
`
`V.
`
`ATTACHMENTS .......................................................................................... 9
`
`VI.
`
`CONCLUSION ............................................................................................10
`
`
`
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`
`I, Scott Bennett, hereby declare under penalty of perjury:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have personal knowledge of the facts and opinions set forth in this
`
`declaration, I believe them to be true, and if called upon to do so, I would testify
`
`competently to them. I have been warned that willful false statements and the like
`
`are punishable by fine or imprisonment, or both.
`
`2.
`
`I am a retired academic librarian working as a Managing Partner of
`
`the firm Prior Art Documentation LLC at 711 South Race Street, Urbana, IL,
`
`61801-4132. Attached as Appendix A is a true and correct copy of my Curriculum
`
`Vitae describing my background and experience. Further information about my
`
`firm, Prior Art Documentation Services LLC, is available at
`
`www.priorartdocumentation.com.
`
`3.
`
`I have been retained by Erise IP, PA, to authenticate and establish the
`
`dates of public accessibility of certain documents in an inter partes review
`
`proceedings for U.S. Patent Nos. 6,324,578. For this service, I am being paid my
`
`usual hourly fee of $91/hour. My compensation in no way depends on the
`
`substance of my testimony or the outcome of this proceeding.
`
`II. BACKGROUND AND QUALIFICATIONS
`
`4.
`
`
`
`
`
`I was previously employed as follows:
`
`University Librarian, Yale University, New Haven, CT, 1994-2001;
`
`1
`
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`
`
`
`
`Director, The Milton S. Eisenhower Library, The Johns Hopkins
`
`University, Baltimore, MD, 1989-1994;
`
`
`
`Assistant University Librarian for Collection Management,
`
`Northwestern University, Evanston, IL, 1981-1989;
`
`
`
`Instructor, Assistant, and Associate Professor of Library
`
`Administration, University of Illinois at Urbana-Champaign, Urbana,
`
`IL, 1974-1981; and
`
`
`
`Assistant Professor of English, University of Illinois at Urbana-
`
`Champaign, 1967-1974.
`
`5. Over the course of my work as a librarian, professor of English,
`
`researcher, and author of nearly fifty scholarly papers and other publications, I
`
`have had extensive experience with catalog records and online library management
`
`systems built around Machine-Readable Cataloging (MARC) standards. I also
`
`have substantial experience in authenticating printed documents and establishing
`
`the date when they were accessible to researchers.
`
`6.
`
`In the course of more than fifty years of academic life, I have myself
`
`been an active researcher. I have collaborated with many individual researchers
`
`and, as a librarian, worked in the services of thousands of researchers at four
`
`prominent research universities. Over the years, I have read some of the
`
`voluminous professional literature on the information seeking behaviors of
`
`
`
`2
`
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`
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`academic researchers. And as an educator, I have a broad knowledge of the ways
`
`in which students in a variety of disciplines learn to master the bibliographic
`
`resources used in their disciplines. In all of these ways, I have a general
`
`knowledge of how researchers work.
`
`III. PRELIMINARIES
`
`7.
`
`Scope of this declaration. I am not a lawyer and I am not rendering an
`
`opinion on the legal question of whether any particular document is, or is not, a
`
`“printed publication” under the law.
`
`8.
`
`I am, however, rendering my expert opinion on the authenticity of the
`
`documents referenced herein and on when and how each of these documents was
`
`disseminated or otherwise made available to the extent that persons interested and
`
`ordinarily skilled in the subject matter or art, exercising reasonable diligence, could
`
`have located the documents before 13 December 1997.
`
`9.
`
`I am informed by counsel that an item is considered authentic if there
`
`is sufficient evidence to support a finding that the item is what it is claims to be. I
`
`am also informed that authenticity can be established based on the contents of the
`
`documents themselves, such as the appearance, contents, substance, internal
`
`patterns, or other distinctive characteristics of the item, taken together with all of
`
`the circumstances. I am further informed that an item is considered authentic if it
`
`
`
`3
`
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`
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`is at least 20 years old, in a condition that creates no suspicion of its authenticity,
`
`and in a place where, if authentic, it would likely be.
`
`10.
`
`I am informed by counsel that a given reference is publicly accessible
`
`upon a satisfactory showing that such document has been disseminated or
`
`otherwise made available to the extent that persons interested and ordinarily skilled
`
`in the subject matter or art exercising reasonable diligence, can locate it. I have
`
`also been informed by counsel that materials available in a library constitute
`
`printed publications if they are cataloged and indexed (such as by subject)
`
`according to general library practices that make the references available to
`
`members of the interested public.
`
`11. Materials considered. In forming the opinions expressed in this
`
`declaration, I have reviewed the documents and attachments referenced herein.
`
`These materials are records created in the ordinary course of business by
`
`publishers, libraries, indexing services, and others. From my years of experience, I
`
`am familiar with the process for creating many of these records, and I know these
`
`records are created by people with knowledge of the information in the record.
`
`Further, these records are created with the expectation that researchers and other
`
`members of the public will use them. All materials cited in this declaration and its
`
`attachments are of a type that experts in my field would reasonably rely upon and
`
`refer to in forming their opinions.
`
`
`
`4
`
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`12. Persons of ordinary skill in the art. I am told by counsel that the
`
`subject matter of these proceedings relate to (1) the central management of license
`
`information and application programs, including user and administrator
`
`preferences, and (2) the display of a notification icon when a background
`
`application in a multitasking environment ceases executing.
`
`13.
`
`I have been informed by counsel that a “person of ordinary skill in the
`
`art at the time of the inventions” is a hypothetical person who is presumed to be
`
`familiar with the relevant field and its literature at the time of the inventions. This
`
`hypothetical person is also a person of ordinary creativity, capable of
`
`understanding the scientific principles applicable to the pertinent field.
`
`14.
`
`I am told by counsel that persons of ordinary skill in this subject
`
`matter or art would have had at least an undergraduate degree in computer science,
`
`computer engineering, or a related field or an equivalent number of years of
`
`working experience. In addition, a POSITA would have at least one to two years of
`
`experience in networking environments, including at least some experience with
`
`management of application programs in a network environment..
`
`15.
`
`It is my opinion that such a person would have been engaged in
`
`academic research, learning though study and practice in the field and possibly
`
`through formal instruction the bibliographic resources relevant to his or her
`
`research. In the 1980s and 1990s such a person would have had access to a vast
`
`
`
`5
`
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`
`array of long-established print resources in electrical/computer engineering and
`
`computer science as well as to a rich and fast changing set of online resources
`
`providing indexing information, abstracts, and full text services for
`
`electrical/computer engineering and computer science.
`
`16.
`
`Internet Archive. The Internet Archive is a non-profit digital library
`
`founded in 1996.
`
`17. The Internet Archive maintains an archive of webpages collected from
`
`the Internet using software called a crawler. Crawlers automatically create a
`
`snapshot of webpages as they existed at a certain point in time. The WayBack
`
`Machine is an application using a crawler created by the Internet Archive to search
`
`its archive of Web page URLs and to represent, graphically, the date of each
`
`crawler capture.
`
`18. The Internet Archive, now with about 50 petabytes of data, collects
`
`only Web material that is publicly available. Some sites are “not archived because
`
`they were password protected, blocked by robots.txt, or otherwise inaccessible to
`
`our automated systems. Site owners might have also requested that their sites be
`
`excluded from the WayBack Machine” (see the WayBack Machine FAQ,
`
`https://archive.org/about/faqs.php#The_Wayback_Machine).
`
`19. Many Internet Archive captures made by the WayBack Machine have
`
`a banner at the top with the capture date prominently displayed. Other dates when
`
`
`
`6
`
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`
`
`captures of the same URL have been made are indicated to the right and left of the
`
`date provided in the banner. Some captures may lack this banner. In any case, the
`
`URL for the capture begins with the identification of the Internet Archive page
`
`(e.g., http://web.archive.org/web/) followed by information that dates and time
`
`stamps the capture as follows: year in yyyy, month in mm, day in dd, time code in
`
`hh:mm:ss (e.g., 20041208081749, or 8 December 2004 at 8:17:49 a.m.). These
`
`elements are then followed by the URL of the original capture site.
`
`20.
`
`Internet Archive captures often include links to other, related
`
`documents. Sometimes these links have become inactive. Where they remain
`
`active, the WayBack Machine is programed to produce the archived file with the
`
`closest available date (not the closest available prior date) to the page upon which
`
`the link appeared and was clicked.
`
`21. The Internet Archive is a resource that is well known to library
`
`professionals and is used by many such professionals.
`
`IV. OPINIONS REGARDING INDIVIDUAL DOCUMENTS
`
`Document 1. JavaStation™ Software Environment for Developers (JSE
`1.0.2). Mountain View, CA: Sun Microsystems Computer Company,
`Revision A, June 1997.
`
`
`1. Authentication and public accessibility
`
`
`
`
`7
`
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`
`
`22. Document 1 is a book published by Sun Microsystems Computer
`
`Company for experienced UNIX® system administrators in installing the
`
`JavaStation Software Environment and in configuring JavaStation clients.
`
`23. Attachment 1a is a true and correct copy of an Internet Archive
`
`capture, of 3 August 1997, of a JavaStation Web page, created by Java Enterprise
`
`Solutions. Paragraphs 26, 28-29, above, describes Internet Archive captures. It is
`
`self-evident that Sun Microsystems Computer Company would have wished to
`
`make Document 1 readily available to systems administrators working with
`
`JavaStation™ Software Environment . Therefore, the reasonable conclusion is that
`
`(1) Internet search engines in 1997 would have been able to find and index
`
`Document 1, and (2) that a person of ordinary skill in the art in 1997 using typical
`
`Internet search tools would have readily found a copy of Document 1.
`
`24. Attachment 1a includes a section on Downloading Documentation and
`
`Software, where an active link to Document 1, in PostScript, is provided. This
`
`PostScript file is easily downloaded and can shared, but it cannot be saved as a
`
`PDF file or copied as a PDF file for use in this declaration. Accordingly, I have
`
`made PDF screen shots of only the title page, title page verso, and contents pages
`
`of Document 1 from the PostScript file that I downloaded and have in my files.
`
`Attachment 1b is a true and correct PDF copy of the title page, title page verso, and
`
`contents pages of Document 1 from the PostScript file. The footer on pp. 4 and 6
`
`
`
`8
`
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`
`
`of Attachment 1b indicate Document 1 as a May 1997 document. The title page of
`
`Document 1 describes the document as “Revision A, June 1997.”
`
`25. EX1003 in this proceeding, provided by counsel, is another copy of
`
`Document 1. I have compared the relevant pages of EX1003 to Attachment 1a and
`
`find them to be substantively identical. I conclude that Document 1 is an authentic
`
`document and that Attachment 1a and EX1003 are authentic copies of Document
`
`1.
`
`2. Conclusion
`
`26.
`
`I conclude that Document 1 is an authentic document created by Sun
`
`Microsystems Computer Company in May 1997 and published as Revision A in
`
`June 1997. I further conclude that a person of ordinary skill in the art using typical
`
`Internet search tools would have readily found a copy of Document 1 on a Java
`
`Enterprise Solutions Web page for JavaStation software at least by 3 August 1997.
`
`V. ATTACHMENTS
`
`27. The attachments attached hereto are true and correct copies of the
`
`materials identified above. Helen Sullivan is a Managing Partner in Prior Art
`
`Documentation Services LLC (see http://www.priorartdocumentation.com/hellen-
`
`sullivan/ ). One of her primary responsibilities in our partnership is to secure the
`
`bibliographic documentation used in attachments to our declarations.
`
`
`
`9
`
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`
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`28. Ms. Sullivan and I work in close collaboration on the bibliographic
`
`documentation needed in each declaration. I will sometimes request specific
`
`bibliographic documents or, more rarely, secure them myself. In all cases, I have
`
`carefully reviewed the bibliographic documentation used in my declaration. My
`
`signature on the declaration indicates my full confidence in the authenticity,
`
`accuracy, and reliability of the bibliographic documentation used.
`
`29. Each Attachment has been marked with an identifying label on the top
`
`of each page. However, no alterations other than these noted labels appear in these
`
`attachments, unless otherwise noted. All attachments were created on 4-13 July
`
`2017. and all URLs referenced in this declaration were available 9 July 2017.
`
`VI. CONCLUSION
`
`30.
`
`I have also concluded that Document 1, discussed above, is an
`
`authentic document that was publicly accessible before 13 December 1997.
`
`31.
`
`I reserve the right to supplement my opinions in the future to respond
`
`to any arguments that Patent Owner or its expert(s) may raise and to take into
`
`account new information as it becomes available to me.
`
`32.
`
`I declare that all statements made herein of my knowledge are true,
`
`and that all statements made on information and belief are believed to be true, and
`
`that these statements were made with the knowledge that willful false statements
`
`
`
`10
`
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`
`
`and the like so made are punishable by fine or imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
` Executed this 21st day of July, 2017 in Urbana, Illinois.
`
`
`
`
`____________________________
`Scott Bennett
`
`
`
`11
`
`
`
`
`
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`
`
`Appendix A
`
`SCOTT BENNETT
`Yale University Librarian Emeritus
`
`711 South Race
`Urbana, Illinois 61801-4132
`2scottbb@gmail.com
`217-367-9896
`
`
`
`EMPLOYMENT
`
`
`Retired, 2001. Retirement activities include:
` Managing Partner in Prior Art Documentation Services, LLC, 2015-. This firm provides
`documentation services to patent attorneys; more information is available at
`http://www.priorartdocumentation.com
` Consultant on library space design, 2004- . This consulting practice is rooted in a research,
`publication, and public speaking program conducted since I retired from Yale University in
`2001. I have served more than 50 colleges and universities in the United States and abroad
`with projects ranging in likely cost from under $50,000 to over $100 million. More
`information is available at http://www.libraryspaceplanning.com/
` Senior Advisor for the library program of the Council of Independent Colleges, 2001-2009
` Member of the Wartburg College Library Advisory Board, 2004-
` Visiting Professor, Graduate School of Library and Information Science, University of
`Illinois at Urbana-Champaign, Fall 2003
`
`
`University Librarian, Yale University, 1994-2001
`
`Director, The Milton S. Eisenhower Library, The Johns Hopkins University, Baltimore, Maryland,
`1989-1994
`
`Assistant University Librarian for Collection Management, Northwestern University, Evanston,
`Illinois, 1981-1989
`
`Instructor, Assistant and Associate Professor of Library Administration, University of Illinois at
`Urbana-Champaign, 1974-1981
`
`Assistant Professor of English, University of Illinois at Urbana-Champaign, 1967-1974
`
`Woodrow Wilson Teaching Intern, St. Paul’s College, Lawrenceville, Virginia, 1964-1965
`
`EDUCATION
`
`
`University of Illinois, M.S., 1976 (Library Science)
`Indiana University, M.A., 1966; Ph.D., 1967 (English)
`Oberlin College, A.B. magna cum laude, 1960 (English)
`
`
`
`HONORS AND AWARDS
`
`
`
`12
`
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`
`
`
`Morningside College (Sioux City, IA) Doctor of Humane Letters, 2010
`
`American Council of Learned Societies Fellowship, 1978-1979; Honorary Visiting Research
`Fellow, Victorian Studies Centre, University of Leicester, 1979; University of Illinois Summer
`Faculty Fellowship, 1969
`
`Indiana University Dissertation Year Fellowship and an Oberlin College Haskell Fellowship, 1966-
`1967; Woodrow Wilson National Fellow, 1960-1961
`
`
`PROFESSIONAL ACTIVITIES
`
`American Association for the Advancement of Science: Project on Intellectual Property and
`Electronic Publishing in Science, 1999-2001
`
`American Association of University Professors: University of Illinois at Urbana-Champaign
`Chapter Secretary and President, 1975-1978; Illinois Conference Vice President and President, 1978-
`1984; national Council, 1982-1985, Committee F, 1982-1986, Assembly of State Conferences
`Executive Committee, 1983-1986, and Committee H, 1997-2001 ; Northwestern University Chapter
`Secretary/Treasurer, 1985-1986
`
`Association of American Universities: Member of the Research Libraries Task Force on
`Intellectual Property Rights in an Electronic Environment, 1993-1994, 1995-1996
`
`Association of Research Libraries: Member of the Preservation Committee, 1990-1993; member of
`the Information Policy Committee, 1993-1995; member of the Working Group on Copyright, 1994-
`2001; member of the Research Library Leadership and Management Committee, 1999-2001; member
`of the Board of Directors, 1998-2000
`
`Carnegie Mellon University: Member of the University Libraries Advisory Board, 1994
`
`Center for Research Libraries: Program Committee, 1998-2000
`
`Johns Hopkins University Press: Ex-officio member of the Editorial Board, 1990-1994; Co-
`director of Project Muse, 1994
`
`Library Administration and Management Association, Public Relations Section, Friends of the
`Library Committee, 1977-1978
`
`Oberlin College: Member of the Library Visiting Committee, 1990, and of the Steering Committee
`for the library’s capital campaign, 1992-1993; President of the Library Friends, 1992-1993, 2004-
`2005; member, Friends of the Library Council, 2003-
`
`Research Society for Victorian Periodicals: Executive Board, 1971-1983; Co-chairperson of the
`Executive Committee on Serials Bibliography, 1976-1982; President, 1977-1982
`
` A
`
` Selected Edition of W.D. Howells (one of several editions sponsored by the MLA Center for
`Editions of American Authors): Associate Textual Editor, 1965-1970; Center for Editions of
`American Authors panel of textual experts, 1968-1970
`
`Victorian Studies: Editorial Assistant and Managing Editor, 1962-1964
`
`
`
`13
`
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`
`
`
`
`
`
`
`Wartburg College: member, National Advisory Board for the Vogel Library, 2004-
`
`Some other activities: Member of the Illinois State Library Statewide Library and Archival
`Preservation Advisory Panel; member of the Illinois State Archives Advisory Board; member of a
`committee advising the Illinois Board of Higher Education on the cooperative management of
`research collections; chair of a major collaborative research project conducted by the Research
`Libraries Group with support from Conoco, Inc.; active advisor on behalf of the Illinois
`Conference AAUP to faculty and administrators on academic freedom and tenure matters in northern
`Illinois.
`
`Delegate to Maryland Governor’s Conference on Libraries and Information Service; principal in
`initiating state-wide preservation planning in Maryland; principal in an effort to widen the use of
`mass deacidification for the preservation of library materials through cooperative action by the
`Association of Research Libraries and the Committee on Institutional Cooperation; co-instigator
`of a campus-wide information service for Johns Hopkins University; initiated efforts with the
`Enoch Pratt Free Library to provide information services to Baltimore’s Empowerment Zones;
`speaker or panelist on academic publishing, copyright, scholarly communication, national and
`regional preservation planning, mass deacidification.
`
`Consultant for the University of British Columbia (1995), Princeton University (1996), Modern
`Language Association, (1995, 1996), Library of Congress (1997), Center for Jewish History
`(1998, 2000-), National Research Council (1998); Board of Directors for the Digital Library
`Federation, 1996-2001; accreditation visiting team at Brandeis University (1997); mentor for
`Northern Exposure to Leadership (1997); instructor and mentor for ARL’s Leadership and
`Career Development Program (1999-2000)
`
`At the Northwestern University Library, led in the creation of a preservation department and in the
`renovation of the renovation, for preservation purposes, of the Deering Library book stacks.
`
`At the Milton S. Eisenhower Library, led the refocusing and vitalization of client-centered services;
`strategic planning and organizational restructuring for the library; building renovation planning.
`Successfully completed a $5 million endowment campaign for the humanities collections and
`launched a $27 million capital campaign for the library.
`
`At the Yale University Library, participated widely in campus-space planning, university budget
`planning, information technology development, and the promotion of effective teaching and learning;
`for the library has exercised leadership in space planning and renovation, retrospective conversion of
`the card catalog, preservation, organizational development, recruitment of minority librarians,
`intellectual property and copyright issues, scholarly communication, document delivery services
`among libraries, and instruction in the use of information resources. Oversaw approximately $70
`million of library space renovation and construction. Was co-principal investigator for a grant to plan
`a digital archive for Elsevier Science.
`
`Numerous to invitations speak at regional, national, and other professional meetings and at alumni
`meetings. Lectured and presented a series of seminars on library management at the Yunnan
`University Library, 2002. Participated in the 2005 International Roundtable for Library and
`Information Science sponsored by the Kanazawa Institute of Technology Library Center and the
`Council on Library and Information Resources.
`
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`
`PUBLICATIONS
`
`
`“Putting Learning into Library Planning,” portal: Libraries and the Academy, 15, 2 (April 2015),
`215-231.
`
`“How librarians (and others!) love silos: Three stories from the field “ available at the Learning
`Spaces Collaborary Web site, http://www.pkallsc.org/
`
`“Learning Behaviors and Learning Spaces,” portal: Libraries and the Academy, 11, 3 (July 2011),
`765-789.
`
`“Libraries and Learning: A History of Paradigm Change,” portal: Libraries and the Academy, 9, 2
`(April 2009), 181-197. Judged as the best article published in the 2009 volume of portal.
`
`“The Information or the Learning Commons: Which Will We Have?” Journal of Academic
`Librarianship, 34 (May 2008), 183-185. One of the ten most-cited articles published in JAL, 2007-
`2011.
`
`“Designing for Uncertainty: Three Approaches,” Journal of Academic Librarianship, 33 (2007), 165–
`179.
`
`“Campus Cultures Fostering Information Literacy,” portal: Libraries and the Academy, 7 (2007),
`147-167. Included in Library Instruction Round Table Top Twenty library instruction articles
`published in 2007
`
`“Designing for Uncertainty: Three Approaches,” Journal of Academic Librarianship, 33 (2007),
`165–179.
`
` “First Questions for Designing Higher Education Learning Spaces,” Journal of Academic
`Librarianship, 33 (2007), 14-26.
`
`“The Choice for Learning,” Journal of Academic Librarianship, 32 (2006), 3-13.
`
`With Richard A. O’Connor, “The Power of Place in Learning,” Planning for Higher Education, 33
`(June-August 2005), 28-30
`
`“Righting the Balance,” in Library as Place: Rethinking Roles, Rethinking Space (Washington, DC:
`Council on Library and Information Resources, 2005), pp. 10-24
`
`Libraries Designed for Learning (Washington, DC: Council on Library and Information Resources,
`2003)
`
`“The Golden Age of Libraries,” in Proceedings of the International Conference on Academic
`Librarianship in the New Millennium: Roles, Trends, and Global Collaboration, ed. Haipeng Li
`(Kunming: Yunnan University Press, 2002), pp. 13-21. This is a slightly different version of the
`following item.
`
`“The Golden Age of Libraries,” Journal of Academic Librarianship, 24 (2001), 256-258
`
`“Second Chances. An address . . . at the annual dinner of the Friends of the Oberlin College Library
`November 13 1999,” Friends of the Oberlin College Library, February 2000
`
`15
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`IPR2017-01839
`Ubisoft, et al. EX1008 Page 17
`
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`
`“Authors’ Rights,” The Journal of Electronic Publishing (December 1999),
`http://www.press.umich.edu/jep/05-02/bennett.html
`
`“Information-Based Productivity,” in Technology and Scholarly Communication, ed. Richard Ekman
`and Richard E. Quandt (Berkeley, 1999), pp. 73-94
`
`“Just-In-Time Scholarly Monographs: or, Is There a Cavalry Bugle Call for Beleaguered Authors and
`Publishers?” The Journal of Electronic Publishing (September 1998),
`http://www.press.umich.edu/jep/04-01/bennett.html
`
`“Re-engineering Scholarly Communication: Thoughts Addressed to Authors,” Scholarly Publishing,
`27 (1996), 185-196
`
`“The Copyright Challenge: Strengthening the Public Interest in the Digital Age,” Library Journal, 15
`November 1994, pp. 34-37
`
`“The Management of Intellectual Property,” Computers in Libraries, 14 (May 1994), 18-20
`
`“Repositioning University Presses in Scholarly Communication,” Journal of Scholarly Publishing, 25
`(1994), 243-248. Reprinted in The Essential JSP. Critical Insights into the World of Scholarly
`Publishing. Volume 1: University Presses (Toronto: University of Toronto Press, 2011), pp. 147-153
`
`“Preservation and the Economic Investment Model,” in Preservation Research and Development.
`Round Table Proceedings, September 28-29, 1992, ed. Carrie Beyer (Washington, D.C.: Library of
`Congress, 1993), pp. 17-18
`
`“Copyright and Innovation in Electronic Publishing: A Commentary,” Journal of Academic
`Librarianship, 19 (1993), 87-91; reprinted in condensed form in Library Issues: Briefings for Faculty
`and Administrators, 14 (September 1993)
`
`with Nina Matheson, “Scholarly Articles: Valuable Commodities for Universities,” Chronicle of
`Higher Education, 27 May 1992, pp. B1-B3
`
`“Strategies for Increasing [Preservation] Productivity,” Minutes of the [119th] Meeting [of the
`Association of Research Libraries] (Washington, D.C., 1992), pp. 39-40
`
`“Management Issues: The Director’s Perspective,” and “Cooperative Approaches to Mass
`Deacidification: Mid-Atlantic Region,” in A Roundtable on Mass Deacidification, ed. Peter G. Sparks
`(Washington, D.C.: Association of Research Libraries, 1992), pp. 15-18, 54-55
`
`“The Boat that Must Stay Afloat: Academic Libraries in Hard Times,” Scholarly Publishing, 23
`(1992), 131-137
`
`“Buying Time: An Alternative for the Preservation of Library Material,” ACLS Newsletter, Second
`Series 3 (Summer, 1991), 10-11
`
`“The Golden Stain of Time: Preserving Victorian Periodicals” in Investigating Victorian Journalism,
`ed. Laurel Brake, Alex Jones, and Lionel Madden (London: Macmillan, 1990), pp. 166-183
`
`
`16
`
`IPR2017-01839
`Ubisoft, et al. EX1008 Page 18
`
`

`

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`
`
`“Commentary on the Stephens and Haley Papers” in Coordinating Cooperative Collection
`Development: A National Perspective, an issue of Resource Sharing and Information Networks, 2
`(1985), 199-201
`
`“The Editorial Character and Readership of The Penny Magazine: An Analysis,” Victorian
`Periodicals Review, 17 (1984), 127-141
`
`“Current Initiatives and Issues in Collection Management,” Journal of Academic Librarianship, 10
`(1984), 257-261; reprinted in Library Lit: The Best of 85
`
`“Revolutions in Thought: Serial Publication and the Mass Market for Reading” in The Victorian
`Periodical Press: Samplings and Soundings, ed. Joanne Shattock and Michael Wolff (Leicester:
`Leicester University Press, 1982), pp. 225-257
`
`“Victorian Newspaper Advertising: Counting What Counts,” Publishing History, 8 (1980), 5-18
`
`“Library Friends: A Theoretical History” in Organizing the Library’s Support: Donors, Volunteers,
`Friends, ed. D.W. Krummel, Allerton Park Institute Number 25 (Urbana: University of Illinois
`Graduate School of Library Science, 1980), pp. 23-32
`
`“The Learned Professor: being a brief account of a scholar [Harris Francis Fletcher] who asked for
`the Moon, and got it,” Non Solus, 7 (1980), 5-12
`
`“Prolegomenon to Serials Bibliography: A Report to the [Research] Society [for Victorian
`Periodicals],” Victorian Periodicals Review, 12 (1979), 3-15
`
`“The Bibliographic Control of Victorian Periodicals” in Victorian Periodicals: A Guide to Research,
`ed. J. Don Vann and Rosemary T. VanArsdel (New York: Modern Language Association, 1978), pp.
`21-51
`
`“John Murray’s Family Library and the Cheapening of Books in Early Nineteenth Century Britain,”
`Studies in Bibliography, 29 (1976), 139-166. Reprinted in Stephen Colclough and Alexis Weedon,
`eds., The History of the Book in the West: 1800-1914, Vol. 4 (Farnham, Surrey: Ashgate, 2010), pp.
`307-334.
`
`with Robert Carringer, “Dreiser to Sandburg: Three Unpublished Letters,” Library Chronicle, 40
`(1976), 252-256
`
`“David Douglas and the British Publication of W. D. Howells’ Works,” Studies in Bibliography, 25
`(1972), 107-124
`
`as primary editor, W. D. Howells, Indian Summer (Bloomington: Indiana University Press, 1971)
`
`“The Profession of Authorship: Some Problems for Descriptive Bibliography” in Research Methods
`in Librarianship: Historical and Bibliographic Methods in Library Research, ed. Rolland E. Stevens
`(Urbana: University of Illinois Graduate School of Library Science, 1971), pp. 74-85
`
`edited with Ronald Gottesman, Art and Error: Modern Textual Editing (Bloomington: Indiana
`University Press, 1970)--also published in London by Methuen, 1970
`
`
`17
`
`IPR2017-01839
`Ubisoft, et al. EX1008 Page 19
`
`

`

`
`
`“Catholic Emancipation, the Quarterly Review, and Britain’s Constitutional Revolution,” Victorian
`Studies, 12 (1969), 283-304
`
`as textual editor, W. D. Howells, The Altrurian Romances (Bloomington: Indiana University Press,
`1968); introduction and annotation by Clara and Rudolf Kirk
`
`as associate textual editor, W. D. Howells, Their Wedd

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